Supreme Court Seeks Centre's View On Whether Charitable Trust Is A “Consumer” Under Consumer Protection Act, 1986

The Supreme Court today (September 18) sought the assistance of Union of India through the Ministry of Consumer Affairs as a respondent in a case involving the issue whether a charitable trust can be considered a “consumer” under the Consumer Protection Act, 1986.The definition of “consumer” under Section 2(1)(d) of the 1986 Act includes any “person” who buys goods or avails...

Whether Charitable Trust Is Consumer Under Consumer Protection Act? Supreme Court To Examine On September 18

The Supreme Court will hear on September 18 the issue of whether a charitable trust can maintain an action and claim compensation under the Consumer Protection Act, 1986 as a 'consumer'.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih directed the parties to file compilation of decisions they are going to rely upon while addressing the Court on...

Consumer Cases Monthly Round-up: November 2023

Supreme Court BMW Car Damage: Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage Case Title: Bajaj Allianz General Insurance Co.Ltd. V. Mukul Aggarwal, CIVIL APPEAL NO.1544 OF 2023 Citation: 2023 LiveLaw (SC) 1000 The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more...

Consumer Cases Weekly Round-up: 27th November to 3rd December 2023

Bombay High Court Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court Case Title: High Court On Its Own Motion v. State of Maharashtra through Principal Secretary & Ors., Suo Motu Writ Petition No.2/2023 A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an...

Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission

The District Consumer Disputes Redressal Commission at Ernakulam recently held that unauthorized transactions exceeding the credit limit of an account holder, particularly when such a person did not opt for over-the-limit transaction, would constitute a deficiency of service. The Bench comprising President D.B. Binu, and Members V. Ramachandran, and Sreevidhia T.N. relied upon the decision...

Installation Of Inferior Quality Football Turf Despite Paying Full Amount For Superior Turf An Unfair Trade Practice: Kerala Consumer Commission

The Consumer Disputes Redressal Commission at Ernakulam recently held that repeated installation of inferior quality football turf despite payment of the full amount for installing a superior quality turf, would constitute unfair trade practice under the Consumer Protection Act. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. held that the failure of...

Issuance Of Poorly Printed Bills On Low-Quality Paper With Inferior Ink Is 'Unfair Trade Practice': Ernakulam District Commission

The Consumer Disputes Redressal Commission at Ernakulam recently held that the issuance of poorly printed bills on low-quality paper or with inferior ink amounts to 'deficiency of service' or 'unfair trade practice'. The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. relied upon the decision in Tata Chemicals Ltd. vs Skypak Couriers Pvt. Ltd. (2001),...

Insurer Finding "Loopholes" To Deny Claims Under 'Corona Rakshak Policy' Unfair Trade Practice: Kerala Consumer Forum Orders Compensation

The Consumer Disputes Redressal Commission at Ernakulam recently awarded a sum of Rs. 1,20,000/- as compensation to a policy holder whose claim under the 'Corona Rakshak Policy' was rejected by M/S Star Health and Allied Insurance on the ground that the policy holder had not provided treatment records for bronchial asthma. The Bench comprising President D.B. Binu, and Members V. Ramachandran...

Kerala Consumer Forum Imposes Rs.35K Cost On Shop Owner For Charging Customers Rs.35 Above MRP On Ladies Garment

In a significant decision, the Consumer Disputes Redressal Commission at Thrissur invoked Section 14(1) (hb) of the Consumer Protection Act,1986 to direct an inner wear garments shop to pay an amount of Rs. 20,000/- to the Legal Benefit Fund (LBF) maintained at Registry of the Commission, towards reparation for the loss and injury inflicted on a large number of consumers who are not...

'Significance Of Passengers' Time Undeniable': Kerala Consumer Forum Awards Rs. 60K Compensation To Passenger Affected By 13 Hrs Delay Of Train

The Ernakulam District Consumer Disputes Redressal Commission recently ordered the Southern Railway to compensate a passenger for the inconvenience caused to him by the 13-hour delay of the Chennai-Alleppey Express. The Bench comprising President D.B. Binu and Members Ramachandran V and Sreevidhia T.N observed that despite being a significant Public Sector Undertaking, the Indian Railways...

Do Not Deny Insurance Claim For Brief Home Visit During Hospitalization, Ludhiana Commission Holds Aditya Birla Health Insurance Co. Liable

The District Consumer Disputes Redressal Commission, Ludhiana bench comprising Sh. Sanjeev Batra (President) and Ms. Monika Bhagat (Member) held Aditya Birla Health Insurance Company liable for rejecting the claim of the hospitalized Complainant on the basis that the Complainant visited his home for certain hours while he was hospitalized. The District Commission opined...

Kerala Consumer Forum Orders Ford India To Compensate Lawyer For Failed Car Booking Taken 3 Weeks Before Closing Operations In India

The Consumer Disputes Redressal Commission at Kottayam recently ordered Ford India Pvt. Ltd to pay compensation to a lawyer for failure to deliver an EcoSport Titanium car to him, after taking advance booking just 3 weeks prior to cessation of its operations in India.The booking was taken by Ford's authorized dealer at Kottayam, Kairali Ford, unaware of then forthcoming closure of Ford...